MYSORE MINES ACT, 1906
4 of 1966
24th July, 1906
An Act to consolidate and amend the law relating to Mines in the State of Mysore except Bellary District. Wherear., it is expedient to consolidate and amend the law relating to Mines in the State of Mysore except Bellary District His Highness the Maharaja is pleased to enact as follows
Section 1 Short title
This Act may be called the Mysore Mines Act, 1906. It extends to the 33. See the Mysore Adaptation of Laws Order, 1953 [whole of the State of Mysore except Bellary District], and shall come into force on the First day of September, 1906.
Section 2 Repeal
The Mysore Mines Act, 1897, and Acts I and VI of 1900 are hereby repealed.
Section 3 Interpretation
In this Act, unless there be something repugnant in the subject or context.
(1) "Mining operation" includes.
(a) the carrying on of any underground or surface work in connection with the prospecting for, or the mining, winning, dressing, milling and treatment of ores, minerals and mineral products of every description;
(b) the erecting, making and using of, and otherwise dealing with, for purposes of such work, any railway, tramway, road, building, machinery and other plant; and
(c) the manufacture, carriage, storage and use of all explosives, chemicals and other materials to be employed in such work;
(2) "Mining Block" means any block or area of land in and upon which the right to carry on mining operations is held by a Mining Proprietor under a Mining Lease granted by the [State Government]
(3) "Mine" means any place above or below ground where any mining operation is carried on, and includes all such portions of
(4) "Mining Proprietor" or "Proprietor" means any person or persons or company on whose behalf any mining operations are carried on;
(5) "Mining Superintendent" or "Superintendent means the person who is the local representative of a Mining Proprietor, and includes an Agent or Manager in charge of any mine on behalf of a Mining Proprietor;
(6) "Mining material" includes.
(a) alluvial gold, gold ores, native gold, precious stones and other rocks and minerals of value;
(b) gold amalgam, sponge gold, zinc precipitates, slags, concentrates, tailings, residues and other valuable mineral products of mines in any stage of treatment or extraction; and mercury, potassium cyanide and other chemicals, apparatus, tools marked with the distinguishing mark of the mine, and materials used in such treatment and extraction;
(c) dynamite, nitro-glycerine, blasting gelatine, gelatine dynamite, fuse, detonators and other explosives used or intended to be used in mining operations;
(d) stearine candles distinguished by the wax being of light pink colour; and
(e) such other materials and things used or intended to be used in mining operations as may be declared by the 11. Substituted for the word "Government" by Act No. 1 of 1956 [State Government] from time to time, by notification published in the Official Gazette, to be mining materials;
22. Clause (6-A) inserted by Act No. 1 of 1956 [(6-A) "Prescribed" means prescribed by rules made by State Government under this Act;]
(7) Unwrought gold" includes bar gold, gold bullion and any alloy containing gold in any form whatever which though smelted is not made up into articles of jewellery, vessels, coins, or other articles of use or commerce;
(8) "Gold dealer" means any person who buys or sells unwrought gold, or receives unwrought gold by way of barter or pledge;
(9) "Goldsmith" means any person who, by profession, melts, refines or works in unwrought gold or silver, or engages in the melting or manufacture of articles made of gold or silver or of alloys containing gold or silver, and includes a silversmith;
(10) "Inspector of Mines" includes any officer to whom all or some of the duties of an Inspector of Mines under this Act shall have 11. Sub stituted for the word "Government" by Act No. 1 of 1956 [State Government], so far as the performance of such duties in concerned.
Section 4 Sections 5 to 20 may be applied to specified areas
(1) The provisions of Sections 5 to 20, inclusive, shall not apply to any local area unless extended thereto by the 22. Substituted for the word "Government" by Act No. 1 of 1956 [State Government] by a notification published in the Official Gazette.
(2) The 33. Substituted for the word "Government" by Act No. 1 of 1956 [State Government] may, by a like notification, cancel or modify any notification issued under sub-section (1).
Section 5 Mining materials not to be purchased, conveyed or kept without written permission
No person shall purchase or take in barter or exchange any mining material belonging to a Mining Proprietor without the written permission of such Mining Proprietor or his Superintendent, nor shall any person, without such written permission, receive, convey, or except in such places as may be specially authorized, keep, any such mining material otherwise than for use for mining purposes on behalf of such Mining Proprietor or his Superintendent.
Section 6 Penalty for unlawful possession of mining materials
Any person found to be in possession of any mining material without the written permission of a Mining Proprietor or Superintendent, and unable to prove that his possession of the same was obtained in a lawful manner, shall, on conviction before a Magistrate, be liable to the penalty provided in Section 13.
Section 7 Licences required for gold dealer and goldsmiths
It shall not be lawful for any person to buy or sell unwrought gold or to receive un-wrought gold by way of barter or pledge without a gold dealer's licence, nor to carry on the profession of a goldsmith without a goldsmith's licence as hereinafter provided:
Provided that it shall not be necessary for a Mining Proprietor to take out a goldsmith's licence on account of the smelting, refining or other preparation of any gold obtained from his mine by any persons acting on his behalf.
Section 8 Power to grant a licence
(1) The licences referred to in Section 7 may be issued by a Magistrate of the First Class on payment of such fees as the 11.Substituted for the word "Government" by Act No. 1 of 1956 [State Government] may by rule prescribe in that behalf, and every licence shall terminate on the 31st day of December of the year in which it is issued.
(2) Every gold dealer's and every goldsmith's licence and every application for a licence, shall respectively be in such forms as may be prescribed by 22.Substituted for the word "Government" by Act No. 1 of 1956 [State Government].
Section 9 Power to cancel a licence
No licence shall be issued to any applicant unless the Magistrate is satisfied that he is a person of good character and reputation 33.The words "and it shall be in the absolute discretion of the Magistrate to grant or withhold such licence as he may think fit" omitted by Act No. 1 of 1956 [x x x x x]. Any licence may be cancelled by a First Class Magistrate on the licensee being convicted of any offencesuch conviction not being reversed on appeal or in revisionwhich in the opinion of the Magistrate renders him unfit to hold a licence. Provided that any decision under this section by a Magistrate other than the District Magistrate shall be appealable to the District Magistrate, whose order shall be final.
Section 10 Books to be maintained
(1) Every licensed gold dealer shall keep a t his place of business a book (hereinafter called a gold dealer's register) in which the receipt or disposal of all gold, unwrought gold shall be immediately entered in such forms as may be prescribed by [State Government].
(2) Every licensed goldsmith shall keep at his place of business a book (hereinafter called a goldsmith's register) in which the receipt or disposal of all gold silver, gold or silver jewellery, unwrought gold or other gold stuff, 11. Substituted for the word "Government" by Act No. 1 of 1956 [State Government].
(3) Every gold dealer's register and every goldsmith's register together with any article or items of gold referred to therein and in the possession of the licensee shall be open to inspection at any time by any police officer not below the rank of 22. Substituted for the words "Chief Constable" by Act No. 1 of 1956 [Jamadar], or any police officer specially authorized in this behalf by the Superintendent of Police or by a First Class Magistrate; provided that the person making such inspection shall not divulge the result thereof to any person other than a police officer or Magistrate or by order of a Court, under a penalty on conviction not exceeding one hundred rupees.
Section 11 Goldsmiths not to deal with gold, etc.
Goldsmiths not to deal with gold, etc.,until after three days of receipt.No licensed goldsmith shall smelt, work, use or deal with any of the articles directed to be entered in his register under Section 10 until after the expiry of three clear days from the time when such article is received by him. Provided that this section shall not apply to the repairing of articles of jewellery by a goldsmith in any way which does not change or destroy the identity of such articles.
Section 12 Possession of unwrought gold unlawful except in certain cases
It shall not be lawful for any person to have in his possession any unwrought gold unless he holds a gold dealer's licence or a goldsmith's licence or unless he is a Mining Proprietor or duly accredited person acting on behalf of a Mining Proprietor.
Section 13 Penalty for breach of Sections 5, 6, 7, 10, 11 or 12
Any person committing an offence under Sections 5, 6, 7, 11 or 12 shall, except in the case mentioned in the proviso to sub-section (3) of Section 10, be liable on conviction to fine not exceeding five hundred rupees, or imprisonment of either description for a term which may extend to one year, or both.
Section 14 Substitution or addition of whipping in certain cases
x x x x x.] 33. Section 14 omitted by Act No. 1 of 1956
Section 15 Power to search
Any police officer not below the rank of an officer in charge of a police station may search any person or any house, building or place for the discovery of any mining material, unwrought gold or other thing with, or in respect of, which an offence under this Act is reasonably suspected to have been committed.
Section 16 Liability of tenant or occupier of premises in regard to unwrought gold or mining material seized therein
Any person being the tenant or occupier or reputed tenant or occupier of any premises, at the time when any unwrought gold or mining material reasonably suspected of being stolen or unlawfully obtained is found thereon and seized by any police officer, shall be deemed to have been in possession of such unwrought gold or mining material within the meaning of Section 12 or 6, as the case may be until he proves the contrary.
Section 17 Liability of undesirable person to be ordered off any mine or cooly colony
x x x x x.] 11. Section 17 omitted by Act No. 1 of 1956
Section 18 Licence required for hawkers and pedlars
No hawker or pedlar shall carry on his business without a licence in writing obtained for that purpose from a Magistrate of the First Class. Licences shall be issued subject to such conditions and the levy of such fees as 22. Substituted for the word "Government" by Act No. 1 of 1956 [State Government] may prescribed 33. The last sentence of this section omitted by Act No. DC of 1914 [x x x x].
Section 19 Penalty for breaches of Sections 17 and 18
Any person committing 44. These words substituted by Act No. IX of 1914 [any act prohibited] under Section 55. The word and figures "17 or omitted by Act No. 1 of 1956 [x x x] 18 shall be liable on conviction to fine not exceeding one hundred rupees or imprisonment of either description for a term not exceeding three months, or both.
Section 20 Cognizability of offences by the police
All offences under Sections 5, 6, 7,10,11,12,16, 66. The figures "17 omitted by Act No. 1 of 1956 [x x x] and 18 of this Act shall be cognizable by the Police.
Section 21
77. Sections 21 to 33 repealed by the Part B States (Laws) Act, 1951 (Central Act No. III of 1951) x x x x x x
Section 22
77. Sections 21 to 33 repealed by the Part B States (Laws) Act, 1951 (Central Act No. III of 1951) x x x x x x
Section 23
77. Sections 21 to 33 repealed by the Part B States (Laws) Act, 1951 (Central Act No. III of 1951) x x x x x x
Section 24
77. Sections 21 to 33 repealed by the Part B States (Laws) Act, 1951 (Central Act No. III of 1951) x x x x x x
Section 25
77. Sections 21 to 33 repealed by the Part B States (Laws) Act, 1951 (Central Act No. III of 1951) x x x x x x
Section 26
77. Sections 21 to 33 repealed by the Part B States (Laws) Act, 1951 (Central Act No. III of 1951) x x x x x x
Section 27
77. Sections 21 to 33 repealed by the Part B States (Laws) Act, 1951 (Central Act No. III of 1951) x x x x x x
Section 28
77. Sections 21 to 33 repealed by the Part B States (Laws) Act, 1951 (Central Act No. III of 1951) x x x x x x
Section 29
77. Sections 21 to 33 repealed by the Part B States (Laws) Act, 1951 (Central Act No. III of 1951) x x x x x x
Section 30
77. Sections 21 to 33 repealed by the Part B States (Laws) Act, 1951 (Central Act No. III of 1951) x x x x x x
Section 31
77. Sections 21 to 33 repealed by the Part B States (Laws) Act, 1951 (Central Act No. III of 1951) x x x x x x
Section 32
77. Sections 21 to 33 repealed by the Part B States (Laws) Act, 1951 (Central Act No. III of 1951) x x x x x x
Section 33 Sanitation and Municipal Affairs
88. Substituted for the word "Sanitation" by Act No. 1 of 1956
Section 34 Power of State Government to make rules for sanitation and sanitary administration
99. Substituted for the word "Government" by Act No. 1 of 1956 .
(1) The 1010. Substituted for the word "Government" by Act No. 1 of 1956 State Government] may, from time to time, make rules for the 1111. Substituted for the words "special sanitation and sanitary administration" by Act No. 6 of 1964 [special sanitation, sanitary and management of municipal affairs] administration of any local area within which mining operations may be carried on.
(2) In particular, and without prejudice to the generality of the foregoing provision, such rules may provide.
(a) for regulating the disposal of kitchen art stable refuse, animal refuse of all kinds, and night-soil or other such offensive matter;
(b) for conserving and guarding against pollution all sources of water-supply;
(c) for preventing overcrowding in bazaars, in cooly lines, and in streets or houses for work-people or others;
(d) for the proper cleansing of drains, sewers, latrines and urinals;
(e) for regulating the keeping of cattle and other animals, the location of sheds for them, and the fixing or licensing of slaughterhouses; and authorizing the levy of rent or fees for the use of the
(f) for the proper and timely treatment of persons affected with cholera or other epidemic disease and for preventing the spread of such disease by temporarily prohibiting persons affected or suspected to be affected with it from moving to or from particular specified places or travelling on particular specified routes.
(3) The local area for which the rules under this section are made shall be described in a notification published in the Official Gazette.
Section 35 Constitution of a Sanitary Board
(1) For the purpose of carrying nut the rules made under the last preceding section, the 11. Substituted for the word "Government" by Act No. 1 of 1956 [State Government] may appoint any persons, official or non- official or both, residing within or in the vicinity of such area, to constitute a Sanitary Board, and invest such Board, with powers for the enforcement of the said rules, and prescribe the mode in which such Board shall conduct its business for carrying out the said rules.
22. Inserted by Karnataka Act No. 6 of 1964 [(1a) The Sanitary Board constituted under sub-section (1), shall be a body corporate having perpetual succession and a common seal and may sue and be sued in its corporate name and shall, subject to the provisions of rules made by the State Government, by competent to acquire, hold and dispose of property and to contract and do all things necessary for the purposes for which it is constituted.]
(2) The powers with which the Sanitary Board may be invested under this section include.
(a) power to prescribe bye-laws, with the previous sanction of 33. Substituted for the word "Government" by Act No. 1 of 1956 [State Government], for the special sanitation of the area under its authority and for the conduct of its business;
(b) power to levy, with the like sanction, such tax, rate or cess within the said area as a 44. Substituted for the words Municipal Council" by Act No. 6 of 1964 [Town Municipal Council] would be competent to levy under the law in force relating to 55. Substituted for the word "Municipalities" by Act No. 6 of 1964 [Town Municipalities].
Section 36 Punishment for breach of rules and bye-laws
For every breach of a rule made under Section 34 or of a bye-law made under Section 35, the offender shall be liable to a fine not exceeding rupees one hundred.
Section 36A Fines to be credited to the funds of the Sanitary Board
66. Added by Act No. VII of 1915 All fines imposed for the breach of any bye-law made under sub-section (2) of Section 35 shall when recovered be credited to the funds of the Sanitary Board constituted under sub-section (1) thereof.]
Section 37
x x x x x
Section 38 Abetment of offences under this Act
The abetting (within the meaning of the Indian Penal Code) of any offence under this Act shall be punishable in the same manner as the offence itself.
Section 39 Offences against Act and Rules by whom cognizable
All offences punishable under this Act and all breaches of any rules or bye-laws made thereunder shall be cognizable by the District Magistrate or a Magistrate of the First or Second Class.
Section 40 Provisions of the Code of Criminal Procedure to apply to searches
The provisions of the Code of Criminal Procedure relating to searches shall, so far as may be, apply to all searches made or instituted under this Act
Section 41 Publication of rules and bye-laws
All rules and bye-laws made under this Act shall be published in the Official Gazette, and shall thereupon have the force of law. |
